eea 4 refusal letter

[andresp]

Hi , I have been refused my eea4 , I got married in may five years ago ,but they gave me the residence permit in november after 6 months, i asked before and people said I could apply after I have got married so I have apply in may now they are saying, but the letter said that it has been refused because I have to applied after November. what can I do, i know I am right it has been 5 years after I have got married they took my passport for 6 months.


you were issued a residence card as the non EEA national family of....... on 9th of November 2014 therefore your 5 years residence in accordance with the regulation will be 9th of november 2014

therefore it has been decided to refuse to issue the confirmation that you seek,

your residence card remains valid until 9th of november.


so that is the thing I have git married the 14th of May. so that means I can apply after 5years and a half , instead of 5 years
thanks

[andresp]

.

[Imshzd]

Can you please write down your full refusal letter.
Thanks

[andresp]

you were issued a residence card as the non EEA national family of....... on 9th of November 2014 therefore your 5 years residence in accordance with the regulation will be 9th of november 2014

therefore it has been decided to refuse to issue the confirmation that you seek,

your residence card remains valid until 9th of november.


so that is the thing I have git married the 14th of May. so that means I can apply after 5years and a half , instead of 5 years,

[Hubba]

you were issued a residence card as the non EEA national family of....... on 9th of November 2014 therefore your 5 years residence in accordance with the regulation will be 9th of november 2014

therefore it has been decided to refuse to issue the confirmation that you seek,

your residence card remains valid until 9th of november.


so that is the thing I have git married the 14th of May. so that means I can apply after 5years and a half , instead of 5 years,

As long as you've sent the documentation proving that your EEA national family member was exercising since 14th of May 2009, they should give grant you the permanent residence. The caseworker wronged on considering only the issue date of your EEA2 as the start of your residence period.

Send them a reconsideration letter pointing out their mistake, given that your EEA national family member has been exercising his Treaty Rights since 14th May 2009.

[andresp]

So I just send a letter with nothing else? who is going to send the letter, the eea national or the family member, what do I put the case number?

Thanks

[Universal soldier]

These childish mistakes clearly indicate that caseworker has even no basic knowledge about EU law or they start appointing agency staff without training. Your meter for PR starts from the minute you marry a qualified EU national. Send them reconsideration letter and order them to issue you PR on the day they receive that letter.

[Imshzd]

you were issued a residence card as the non EEA national family of....... on 9th of November 2014 therefore your 5 years residence in accordance with the regulation will be 9th of november 2014

therefore it has been decided to refuse to issue the confirmation that you seek,

your residence card remains valid until 9th of november.


so that is the thing I have git married the 14th of May. so that means I can apply after 5years and a half , instead of 5 years,

This rule applies for the un married partners or extended family members or oversea marriages in which the couple have to reside in the uk for continue period of Five years from the date they arrived in the UK.
If you were married in the UK and since residing in the UK then your time starts from the date of your marriage.
It may be a error.

[Hubba]

So I just send a letter with nothing else? who is going to send the letter, the eea national or the family member, what do I put the case number?

Thanks

Send the letter to the same address you have sent your application, but addressed to the case worker (you should have the name of the caseworker on the refusal letter. As long as all documentation was sent before, you don't need to send anything else, you basically just need to point out their error, explaining that, although your EEA2 was issue only in November 2009, you are actually leaving here as the family member of an EEA national exercising Treaty Rights since May 2009.

You should send the letter, since you are the applicant. Put the case number as a reference on the letter.

[andresp]

the address from the refusal letter is different from the one I made the application, which one do I use

[Hubba]

the address from the refusal letter is different from the one I made the application, which one do I use

I'd say send it to the same address as your application, but maybe someone else here on the forum, who have actually gone through this process can clarify this doubt.

[andresp]

thanks guys,

Last question, what hAppeneif they insist they are right, do i have to appeal or is there a way a pointing their mistake as yo uonly are entitled of 1 consideration letter

[Hubba]

thanks guys,

Last question, what hAppeneif they insist they are right, do i have to appeal or is there a way a pointing their mistake as yo uonly are entitled of 1 consideration letter

You can either appeal or apply again, it's your choice. I don't the costs involved on appealing.

[andresp]

I have called the HO asking for the address to send the consideration letter, and the adviser look at my case and indeed they made a mistake, but now the problem is that I have sent the application 2 weeks before the date of the marriage, and the adviser said that this is a problem although the case has been processed after the day of our weeding,

[Obie]

That is still wrong. In any event, i have told people on this forum not to listen to those advisers.

Those advisers are not trained to deal with complex issues like that, they should not be asked those complex questions.

[andresp]

last thing I need help with this, I need to fill every hole.

he saw my case and he said he is going to speak to the person that dealt with my application, and he is going to get back to me

, so even if I sent my application two weeks before my 5year period ended , and they dealt with my application after the period of 5 years, I am still right to ask for consideration, I don't know how it works